First, it is a common misconception among many people that you cannot file for divorce immediately in New York State. You can file for divorce immediately, depending on what the grounds are. You will, however, need grounds such as cruel and inhuman treatment, or abandonment, or the like.
If the money you mentioned that was in the bank was earned during your marriage, that money is marital property, and half of it belongs to you.
I strongly suggest you consider mediating your divorce with an experienced attorney-mediator. It is a serious mistake simply to run off with the child and not take care of the legal matters which are necessary for you to get on with their life – specifically, any legal separation and or divorce. These are matters that are too serious about leaving to self-help, and you must get legal counsel.
If you do not address these matters now, they will come back to haunt you later on and will be much more difficult to resolve at that time.
If you are living in the New York City metropolitan area, please call me at 212-370-1660 to discuss setting up an appointment to discuss the matter.
Leonard M. Weiner, Esq./Divorce Solutions